A bipartisan bill that will allow parents to opt their kids out of masking rules at schools has passed the Democrat-controlled Virginia State Senate, despite opposition from Arlington’s senators.
The bill would take effect on July 1. If it were also to pass the House of Delegates and be signed into law by the governor, it would essentially make the local school boards’ recent, tentative court victory over Gov. Glenn Younkin’s executive order on masks in schools moot.
The legislation took shape yesterday when Sen. Chap Petersen, a Fairfax County Democrat, proposed an amendment on the Senate floor to a Republican-proposed bill that continues a requirement from last year to keep schools open five days a week for in-person instruction. Chapman’s amendment effectively sunsets mask mandates in time for the next school year.
The amendment “permits a parental option in regard to wearing a mask on school property,” Petersen told ARLnow. “We need to return to normal for the benefit of our children, and this legislation helps us get there.”
The amendment received significant Democratic support on Tuesday, passing the Senate with 29 votes in favor, including ten Democrats, and only nine votes opposed. Among local legislators, Sen. Janet Howell (D-32) voted in favor of the amendment while Sen. Barbara Favola (D-31) and Sen. Adam Ebbin (D-30) voted against it.
All three voted against the final bill, which passed by a 21-17 vote today.
Youngkin declared victory after the vote today. It’s likely to pass the Republican-controlled house.
“Kids across the Commonwealth win with this bipartisan vote today,” Youngkin said in a statement. “Parents are now empowered to decide whether their children should wear a mask in schools. I promised that as governor, Virginia would move forward with an agenda that empowers parents on the upbringing, education, and care of their own children. I am proud to continue to deliver on that promise.”
“This vote also shows that school boards who are attacking their own students are stunningly detached from reality,” the statement continued. “It’s time to put kids first and get back to normal.”
Petersen told ARLnow’s sister site FFXnow that he proposed the amendment because he’s frustrated that no deadline had been set by Fairfax County Public Schools for lifting mask requirements or “shown scientific proof” that it has made difference in limiting Covid’s spread.
He agreed with Youngkin that masks should be optional in schools, but said decision needs to be made by the Virginia General Assembly as opposed to the governor.
That was the basis for the decision made by the Arlington Circuit Court last week to issue an injunction on banning mask mandates. In its lawsuit against the governor’s order, Arlington Public Schools cited a Virginia law passed during the pandemic that requires schools to take necessary, federally-recommended safety measures to combat the spread of the virus.
With the new bill overriding that clause, the court victory could be short-lived for APS and other Northern Virginia school districts that opposed the governor’s order. The bill’s implementation could even potentially be moved up after it reaches the governor’s desk, the Washington Post reported
When the bill gets to Youngkin’s desk, the aide said, the governor could add an emergency clause that would require the law to be implemented immediately. That would have to go back to the General Assembly for approval. Most bills with emergency clauses require 80 percent approval from the legislature, but a governor’s request for emergency needs only a simple majority vote. If that’s granted, the mask law could go into effect as soon as the end of February, the aide said.
Sen. Ebbin wrote to ARLnow in an email after the amendment passed that, while he isn’t opposed to lifting mask mandates soon, he wants the decision to be based on data.